15-2-2: "A" DEFINITIONS:

ACCESSORY APARTMENT(S): A dwelling unit that is self-contained, but incorporated within an existing structure that is and will continue to be used primarily for a commercial business and is not substantially altered to accommodate the accessory apartment.

ACCESSORY DWELLING UNIT: A functionally separate living space developed subordinate to a single-family dwelling on the same lot or in the same building as the single-family dwelling; but which is not an independent residence or dwelling unit.

ADULT DAYCARE FACILITY: Any building or structure furnishing care, supervision, and guidance for three (3) or more adults unaccompanied by a guardian for periods of less than twenty four (24) hours per day.

AFFECTED ENTITY: A county, municipality, independent special district under title 17D, chapter 2, Utah Code Annotated (independent special district), local district under title 17B, chapter 2, Utah Code Annotated (local districts), school district, interlocal cooperation entity established under title 11, chapter 13, Utah Code Annotated, interlocal cooperation act, specified public utility, a property owner, a property owners' association, or the Utah department of transportation, if:

A. The entity's services or facilities are likely to require expansion or significant modification because of an intended land use;

B. The entity has filed with the municipality a copy of the entity's general long range plan; or

C. The entity has filed with the municipality a request for notice during the same calendar year and before the municipality provides notice to an affected entity in compliance with a requirement imposed under this title or other requirement of state law.

AGRICULTURE: The tilling of the soil, the raising of crops, horticulture and gardening, but not including keeping or raising of domestic animals or fowl, except household pets, and not including any agricultural industry or business, such as fruit packing plants, fur farms, animal hospitals or similar uses.

AIRPORT: The Ogden-Hinckley Airport.

ALLEY: A public thoroughfare less than twenty six feet (26') wide.

AMUSEMENT DEVICE: Any machine, device or contrivance not prohibited or declared unlawful by the city, designed, or intended to be operated or used for amusement or the playing of a game upon or in response to the payment of some charge or the insertion therein of a coin, slug or check.

ARCADE: Any commercial enterprise open to persons under twenty one (21) years of age, which contains four (4) or more amusement devices.

ARCHITECTURAL METAL: A paneled metal sheet building exterior that is not part of a prefabricated building; does not have a specific coating; consists of all new materials; and whose use is limited to accessory buildings in the rear yard or interior side yard.

ART GALLERY: A business that displays and sells fine art such as paintings, photographs, and sculptures.

ASSISTED LIVING FACILITY: A residential facility, licensed by the state of Utah, with a homelike setting that provides an array of coordinated supportive personal and healthcare services, available twenty four (24) hours per day, to residents who have been assessed under Utah department of health or the Utah department of human services rules to need any of these services. Each resident in an assisted living facility shall have a service plan based on the assessment, which may include: a) specified services of intermittent nursing care; b) administration of medication; and c) support services promoting resident's independence and self-sufficiency. Such facility does not include adult daycare provided in conjunction with a residential facility for elderly persons or a residential facility for persons with a disability.

AUTO REPAIR OR BODY SHOPS:

A. A facility where automobiles are repaired or maintained within an enclosed building.

B. Outdoor storage of junk vehicles, intended for restoration, repair or limited salvage as described in subsection B3 of this definition, may be allowed as an accessory use to an auto repair or body shop only in C-3, M-1 and M-2 zones, provided the following conditions are met:

1. The area dedicated to outdoor storage does not exceed ten percent (10%) of the lot in a C-3 zone, thirty percent (30%) of the lot area in an M-1 zone or fifty percent (50%) of the lot area in an M-2 zone;

2. All such outdoor storage shall be in a completely enclosed area screened by a seven foot (7') tall screening fence, made of any of the following fencing materials:

a. Chainlink with vertical plastic or vinyl slats spaced no farther than three-eighths inch (3/8") apart;

b. Solid wood, vinyl or other fencing materials having an appearance of wood of one inch by four inch (1" x 4") to one inch by eight inch (1" x 8") members spaced no farther apart than one-eighth inch (1/8");

c. Baked enamel finish, metal ribbed fence;

d. Decorative masonry; or

e. Other fence materials and construction approved by the community development director which provides adequate screening of the storage area similar to the above fencing materials; and

3. Limited salvage of parts from such vehicles shall be permitted only as necessary for the repair of other vehicles on site and not as part of any other type of salvage operation.

AUTOMOBILE LUBE AND OIL CENTER: A retail business engaged solely in the service and sales of motor oil, lubricants and filters and placing those items directly in the motor vehicle.

AUTOMOBILE SERVICE STATION: A retail business engaged in the sale of motor fuel and having pumps from which fuel, such as gasoline, is dispensed either by an attendant or customer, and which may also provide as an accessory use, the sales and services generally required in the operation of a motor vehicle excluding painting, body and fender and upholstery work. This includes fuel sales that may be accessory to another use operated by the same or different business on the site.

(Ord. 2012-44, 8-28-2012; amd. Ord. 2021-36, 7-6-2021; Ord. 2022-55, 11-15-2022; Ord. 2023-16, 4-11-2023)

15-2-3: "B" DEFINITIONS:

BANK, LIMITED FUNCTION: A branch banking facility limited in use to accepting deposits and withdrawals, with drive-in window and/or automated teller machine (ATM) station, operated either directly or indirectly by staff personnel or automated equipment. The building shall not exceed one thousand (1,000) square feet.

BASEMENT: A story partly underground and having at least one-half (1/2) its height above the average level of the adjoining ground. A basement shall be counted as a story, for purposes of height measurement.

BED AND BREAKFAST INN: An owner occupied dwelling of historic significance (listed on the Ogden register of historic resources) in which eight (8) or fewer rooms are rented out by the day, offering overnight lodgings to travelers, and where one or more meals are provided by the host family, the price of which may be included in the room rate.

BOARD OF ZONING ADJUSTMENT: The Ogden City board of zoning adjustment as established in title 3, chapter 4 of this code.

BOARDER: A person living in a rented room in a boarding house. The boarding house operator, or a member of his or her immediate family who resides on the premises with the operator, shall not be considered to be a boarder.

BOARDING HOUSE: A building or portion thereof where, for compensation, rooms are rented together with meals for not more than fifteen (15) boarders who generally do not directly utilize kitchen facilities. The operator of a boarding house must reside on the premises of a boarding house. The word “compensation” shall include compensation in money, services, or other things of value. A boarding house does not include a single room occupancy, a residential facility for disabled persons or a residential facility for the elderly. A boarding house does not include a nonresidential facility, such as a rehabilitation/treatment facility, where the primary purpose of the facility is to deliver rehabilitation, treatment, counseling, medical, protective or other similar services to the occupants.

BUILDING: Any structure other than a boundary wall or fence.

BUILDING, ACCESSORY: A subordinate building or a portion of the main building on a lot, the use of which is customarily incidental to that of the main or principal building.

BUILDING, DETACHED: A building surrounded by open space on the same lot.

BUILDING, ENCLOSED: A building or structure having enclosing walls and roof.

BUILDING, HEIGHT OF: The vertical distance from the grade elevation to the highest point of the coping of a flat roof, or to the deck line of a mansard roof, or to a point midway between the lowest part of the eaves or cornice and ridge of a pitch or hip roof.

BUILDING, MAIN: A building in which is conducted the principal use of the lot on which it is located.

BUILDING OFFICIAL: The manager of the building services division, community and economic development department of the city, or the manager's duly authorized representative.

BUILDING, PUBLIC: A building owned and operated, or owned and intended to be operated, by the city, a public agency of the United States Of America, the state of Utah, or any of its political subdivisions. The use of a public building, with immunity, is nontransferable and terminates if the structure is devoted to a use other than as a public building with immunity. A public building referred to as with immunity under the provisions of this title includes:

A. "Properties owned by the state of Utah or the United States government" which are outside of the jurisdiction of the city's zoning authority as provided under section 10-9a-304, Utah Code Annotated, 1953, as amended, or its successor provision; and

B. The ownership or use of a building which is immune from the city's zoning authority under the supremacy clause of the United States constitution.

(Ord. 2011-2, 1-4-2011; amd. Ord. 2023-7, 2-7-2023)

15-2-4: "C" DEFINITIONS:

CABARET:	A restaurant with beer license, restaurant with liquor consumption license, drinking establishment, or other business licensed for the on premises consumption of alcoholic beverages, which business is licensed to permit its patrons to dance or to entertain its patrons with live performers who sing, dance or play musical instruments. Cabarets do not include sexually oriented businesses.
CAMPGROUND:	A location for short-term overnight stays in camp structures such as tents, tipis, cabins, recreational coaches, or under the sky.
CANNABIS:	All species of the genus cannabis and all parts of the genus, whether growing or not; the seeds of it; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. The term does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks, except the resin extracted from them, fiber, oil or cake, or the sterilized seed of the plant which is incapable of germination. Any synthetic equivalents of the substances contained in the plant cannabis sativa or any other species of the genus cannabis which are chemically indistinguishable and pharmacologically active are also included.
CANNABIS CULTIVATION FACILITY:	A person that: A. possesses cannabis; B. grows or intends to grow cannabis; and C. sells or intends to sell cannabis to a cannabis cultivation facility, a cannabis processing facility or, as defined in Utah law, a medical cannabis research licensee.
CANNABIS PROCESSING FACILITY:	A person that: A. acquires or intends to acquire cannabis from a cannabis production establishment or a holder of an industrial hemp processor license under Utah State Code Title 4, Chapter 41, Hemp and Cannabinoid Act;
	B. possesses cannabis with the intent to manufacture a cannabis product; C. manufactures or intends to manufacture a cannabis product from unprocessed cannabis or a cannabis extract; and D. sells or intends to sell a cannabis product to a medical cannabis pharmacy or, as defined by Utah law, a medical cannabis research licensee.
CANNABIS PRODUCT:	A product that: A. is intended for human use; and B. contains cannabis or tetrahydrocannabinol.
CANNABIS PRODUCTION ESTABLISHMEN T:	A cannabis cultivation facility, a cannabis processing facility, or an independent cannabis testing laboratory.
CAR WASH, LAUNDRY TYPE:	A structure or portion thereof containing facilities for washing passenger automobiles, using production line methods such as, but not limited to, chain conveyor, movable or revolving cleaning brushes, blower, steam cleaning, or similar mechanical devices.
CAR WASH, MANUAL SPRAY:	A structure or portion thereof containing facilities for washing passenger automobiles, limited to using only hand operated manual spray cleaning equipment and techniques.
CELLAR:	A story having more than one-half (½) its height below the average level of the adjoining ground. A cellar shall not be counted as a story for the purpose of height measurement.
CHECK CASHER:	A person engaged in the business of cashing checks.
	A. A check is a draft, other than a documentary draft, payable on demand and drawn on a bank; a cashier’s check or teller’s check; or a demand draft. An instrument may be a check even though it is described on its face by another term, such as “money order”.
	B. A check casher does not include: a depository institution; a depository institution holding company; an institution directly owned or controlled by one or more depository institutions or depository institution holding companies; or a person that cashes checks in a transaction that is incidental to the retail sale of goods or services and for consideration that does not exceed the greater of 1% of the amount of the cashed check or $1.
CLUSTER SUBDIVISION:	A subdivision of land in which the areas and widths of residential lots are reduced below the minimum lot areas and lot width requirements of the zone in which the subdivision is located and where equivalent common open space areas are provided to compensate for such lot reduction.
COIN:	A piece of currency, usually metallic and usually in the shape of a disc that is: A. stamped metal, and issued by a government as monetary currency; or B. is worth more than its current value as currency and is also worth more than its metal content value.
COMMERCIAL GRADE PRECIOUS METALS:	Ingots, monetized bullion, art bars, medallions, medals, tokens, and currency that are marked by the refiner or fabricator indicating their fineness and include: A. .99 fine or finer ingots of gold, silver, platinum, palladium, or other precious metals; or B. .925 fine sterling silver ingots, art bars, and medallions.
COMMERCIAL LAND AREA:	The amount of land in a commercial or mixed-use development that is used for non-residential uses. Commercial land area includes the footprint of the ground floor areas dedicated to non-residential uses, the required parking for the non-residential use's floor area and the associated landscaping. Landscape areas that are included are areas along the non-residential use's street frontage, areas within the required non-residential parking area and areas along the foundation of the non-residential ground floor area. Commercial land area shall not include outdoor recreation space.
COMMUNITY CORRECTIONAL FACILITY:	A facility licensed by or contracted by the state of Utah to provide temporary occupancy for previously incarcerated persons which assists such persons in making a transition from a correctional institution environment to independent living. Such facility may also provide ancillary, temporary occupancy for individuals placed as part of, or in lieu of, confinement rehabilitation, or treatment in a correctional institution.
COMMUNITY LOCATION:	A public or private school, a licensed child-care facility or preschool, a church, a public library, a public playground, or a public park.
CONDOMINIUM PROJECT:	A real estate condominium project where ownership of a single unit in a multi-unit project, together with an undivided interest in common in the common areas and facilities of the property, is transferred; a plan or project whereby four or more apartments, rooms, office spaces, or other existing and proposed apartments, or commercial or industrial buildings or structures are separately offered or proposed to be offered for sale and meeting all requirements of Utah Code Annotated title 57, chapter 8, condominium ownership act. Structures shall conform with all area, yard, frontage and height regulations of the zone district in which they are located.
CONTACT PERSON:	The individual designated in an application or petition, filed pursuant to the provisions of this title, to receive notices, copies of staff reports, and notices of final actions on a pending application.
CONVENIENCE STORE:	A place of retail business primarily engaged in the sale of food or drink for consumption either on or off premises and the retail sales of motor fuel from pumps on the site.
CORRAL:	A space, other than a building, less than one acre in area, or less than 100 feet in width, used for the confinement of animals so they can be easily captured.
CORRECTIONAL INSTITUTION:	A prison, jail, juvenile detention facility or juvenile secure facility.
COTTAGE:	A detached single-family dwelling that has at least 600 square feet and no more than 1,200 square feet of floor area and is no more than two stories high.
COTTAGE COURT:	A group of cottages arranged around a shared court or green space. Each dwelling unit's main entrance faces the shared court or green space, and the shared court or green space replaces the function of the rear yard.
COTTAGE LOT:	A small lot designed to accommodate one cottage.
COUNTRY CLUB:	A chartered, nonprofit membership club with or without dining facilities and cocktail lounge, catering primarily to its membership, providing one or more of the following recreational and social amenities: golf, horseback riding, tennis, swimming, any of which shall be located on a site of not less than two acres and open only to members and their duly authorized guests.
COURT:	An unoccupied open space, other than a yard, on the same lot with a building or buildings, which is bounded on two or more sides by the walls of such buildings.
COVERAGE, LOT:	The percent of lot area covered by the main and accessory buildings.

(Ord. 2012-5, 1-24-2012; amd. Ord. 2019-46, 10-22-2019; Ord. 2020-24, 6-23-2020; Ord. 2022-53, 11-15-2022; Ord. 2023-16, 4-11-2023; Ord. 2024-4, 2-20-2024)

15-2-5: "D" DEFINITIONS:

DAIRY:	A commercial establishment for the manufacture, processing or sale of dairy products.
DAYCARE CENTER:	Any building or structure other than an occupied residence furnishing care, supervision, and guidance for three or more children unaccompanied by parent or guardian for periods of less than 24 hours per day; or, an occupied residence which furnishes care, supervision and guidance for six or more children unaccompanied by parent or guardian for periods of less than 24 hours per day. Occupied residence shall refer to being used as a residence by a family. The term "daycare center" is inclusive of kindergartens, nursery schools, and all other similar facilities, except preschools as defined by this chapter, specializing in the education and/or care of children prior to their entrance into the first grade, other than facilities owned and/or operated by the public school system.
DECISION MAKER:	The official, board, commission, or other body empowered to render a decision on a particular matter under this title.
DEFERRED DEPOSIT LENDER:	A person engaged in the business of making loans or transactions where: A. a person presents to the deferred deposit lender one or more checks written on that person’s account, or provides written or electronic authorization to the deferred deposit lender to effect one or more debits from the person’s account using an electronic payment; and B. the deferred deposit lender provides the person an amount of money that is equal to the face value of the check(s) or the amount of the debit(s) less any fee or interest charged for the transaction; and agrees not to cash the check(s) or process the debit(s) until a specific date.
DEPARTMENT:	The Department of Community and Economic Development.
DIRECTOR:	The Director of the Department of Community and Economic Development, or the Director’s designee.
DISABILITY:	A physical or mental impairment that substantially limits one or more of a person’s major life activities, including a person having a record of such an impairment, or being regarded as having such an impairment. “Disability” does not include current illegal use of, or addiction to, any Federally controlled substance, as defined in Section 02 of the Controlled Substances Act, 21 USC 802, or successor law. As used in this definition:
Has A Record Of Such An Impairment:	Has a history of, or has been misclassified as having, a mental or physical impairment that substantially limits one or more major life activities.
Is Regarded As Having An Impairment:	A. has a physical or mental impairment that does not substantially limit one or more major life activities but that is treated by another person as constituting such a limitation; B. has a physical or mental impairment that substantially limits one or more major life activities only as a result of the attitudes of others toward such impairment; or
	C. has none of the impairments defined herein under definition of “physical or mental impairment”, but is treated by another person as having such an impairment.
Major Life Activities:	Functions such as caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning and working.
Physical Or Mental Impairment:	Includes: A. any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological; musculoskeletal; special sense organs; respiratory, including speech organs; cardiovascular; reproductive; digestive; genitourinary; hemic and lymphatic; skin; and endocrine; or B. any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities. C. the term physical or mental impairment includes, but is not limited to, such diseases and conditions as orthopedic, visual, speech and hearing impairments, cerebral palsy, autism, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, human immunodeficiency virus infection, mental retardation, emotional illness, drug addiction (other than addiction caused by current, illegal use of a controlled substance) and alcoholism.
DOMESTIC STAFF:	Persons employed or residing on the premises of a dwelling unit or other residential facility to perform domestic services or to assist residents in performing major life activities.
DRINKING ESTABLISHMEN T:	An establishment that serves food and drink, or drink only, to the general public or to its members and their guests, for on-premises consumption and whose annual revenue from the sale of alcoholic beverages equals or exceeds the revenue from the sale of food. A drinking establishment includes a tavern or private club as those terms are defined in Section 5-3A-1. A drinking establishment shall also be licensed and hold a class B, C, D, or liquor consumption license, as applicable, under Title 5, Chapter 3, Article C. A drinking establishment shall not include entertainment for its patrons unless the premises are zoned for and licensed as a cabaret or adult live entertainment business.
DRIVE APPROACH/APPROACH:	A hard surface area located in the public right-of-way used to provide access from the public street to private property for motorized or towed vehicles. A typical drive approach will transition from the road surface across the gutter and sidewalk to a driveway. Sometimes referred to as the driveway apron.
DRIVEWAY:	The use of a portion of property outside the public right-of-way intended and designed to facilitate movement of vehicles from the road right-of-way across the property to an area designed and regulated as a parking space.
DRY CLEANER:	An establishment which has as its sole purpose the cleansing of fabrics with substantially nonaqueous organic solvents. Laundry establishments with individual dry cleaning machines shall not be classified as a dry cleaner.
DUPLEX (SIDE-BY-SIDE):	A two-family/duplex dwelling where each dwelling unit shares a side or rear wall with the other dwelling unit. Each dwelling unit includes the space from the ground to the roof.
DWELLING:	Any building or portion thereof containing one or more dwelling units occupied as, or designed or intended for occupancy as, a residence by one or more families.
DWELLING, APARTMENT:	A multiple-family dwelling other than a single-family row house or two-family/duplex dwelling.
DWELLING, BACHELOR OR BACHELORETTE :	A building arranged or designed to include three or more dwelling units, each dwelling unit to be occupied by not less than five but not more than 10 unrelated individuals.
DWELLING, GROUP:	Two or more dwellings located in more than one building placed upon a single lot. A group dwelling development may be subdivided into more than one lot, if approved under the provisions of Chapter 10 and Title 14, Chapter 5.
DWELLING, MULTIPLE-FAMILY:	A building arranged or designed to include three or more dwelling units, each to be occupied by one family.
DWELLING, SINGLE-FAMILY:	A building arranged or designed to include only one dwelling unit or a building arranged or designed to include a dwelling unit and an accessory dwelling unit that is permitted according to the regulations of this title.
DWELLING, SINGLE-FAMILY ROW HOUSE:	A building built directly against an adjoining building without an open space between, and containing a one-family dwelling unit extending from basement to roof. Each single-family attached dwelling unit shall have a front and rear entrance. Each group of single-family attached dwellings shall be considered one structure, for purposes of front, rear and side yard requirements, and for classifying the building as a duplex, multiple-family dwelling, or other.
DWELLING, TWO-FAMILY/ DUPLEX:	A building arranged or designed to include two dwelling units, each to be occupied by one family.
DWELLING UNIT:	Any building or portion thereof designed, occupied, or intended as a residence for a family with complete, and independent facilities for living, sleeping, eating, cooking and sanitation.

(Ord. 2018-28, 10-16-2018; amd. Ord. 2020-24, 6-23-2020; Ord. 2023-16, 4-11-2023; Ord. 2024-4, 2-20-2024)

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